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10-2943 - (PC) Jimenez v. Horel


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10-2943 - (PC) Jimenez v. Horel
February 11, 2010
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ORDER OF DISMISSAL WITH LEAVE TO AMEND: The amended complaint is due 3/26/10. Granting 6 motion to present evidence. The inmate appeal attached to the motion is now in the case file. (SI, COURT STAFF) (Filed on 2/11/2010) (Additional attachment(s) added on 2/12/2010: # (1) cs) (ys, COURT STAFF). [Transferred from cand on 11/2/2010.]
November 1, 2010
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ORDER OF TRANSFER to USDC for the Eastern District of California. This court has not ruled on the motions to appoint counsel and enter exhibits (#10 and #11) (SI, COURT STAFF) (Filed on 11/1/2010) [Transferred from cand on 11/2/2010.]
December 8, 2010
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/7/2010 ORDERING the Clerk to send Pltf a copy of 9 Amended Complaint. Within 30 days, Pltf shall submit eight copies of the endorsed amended complaint. Pltf's 16 Amended Prisoner Civil Rights Complaint is DISREGARDED. (Zignago, K.)
March 23, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/2011 DENYING pltf's 23 request for entry of default. (Yin, K)
April 26, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/25/11 GRANTING 28 Motion for Extension; Defendants are granted to and including 6/9/11, in which to file and serve their responsive pleading. (Matson, R)
August 29, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/2011 GRANTING 35 Defendants motion for order; defendants are permitted to take plaintiffs deposition via video conference. (cc: Warden-PBSP) (Reader, L)
September 13, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/12/11 ORDERING that defendants 40 motion to modify the scheduling order is GRANTED; The 33 scheduling order is VACATED; and Plaintiffs 39 motion for appointment of counsel is DENIED. (Dillon, M)
November 8, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/07/11 ordering within 14 days from the date of this order, plaintiff shall file a set of exhibits marked with the respective exhibit letter to coincide with plaintiff's reference in plaintiff's amended complaint. The clerk of the court is directed to send plaintiff a copy of his amended complaint 9. (Plummer, M)
January 25, 2012
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/24/2012 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that defendants' 37 motion for judgment on the pleadings be denied without prejudice as to plaintiff's claim that defendant Whitfield failed to provide plaintiff an opportunity to air his views; defendants' 37 motion be granted in all other respects, and all defendants, except defendant Whitfield, be granted judgment on the pleadings. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
March 20, 2012
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ORDER signed by Judge Kimberly J. Mueller on 3/20/12 ADOPTING in full 49 FINDINGS AND RECOMMENDATIONS; DENYING without prejudice 37 Motion for Judgment on the pleadings as to plaintiff's claim that defendant Whitfield failed to provide plaintiff an opportunity to air his views; and GRANTING 37 in all other respects. All the defendants, except defendant Whitfield, are GRANTED judgment on the pleadings. (Meuleman, A)
June 1, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/30/12 ordering that plaintiff's 04/27/12 request 56 is denied without prejudice. (Plummer, M)
June 1, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 05/30/12 ordering that plaintiff's 04/27/12 response 57 is disregarded. (Plummer, M)
June 26, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/25/2012 ORDERING that defendant's 61 motion is GRANTED; and the deadline for taking plaintiff's deposition is VACATED and may be reset, if necessary, after resolution of defendant's motion for summary judgment. (Yin, K)
July 3, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/2/2012 ORDERING that plaintiff's 63 motion to strike is DENIED without prejudice; and plaintiff's 65 motion to appeal is DENIED without prejudice. (Yin, K)
July 24, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/23/2012, DENYING, without prejudice, plaintiff's 64 motion to compel discovery. (Yin, K)
July 24, 2012
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ORDER AND RAND NOTICE signed by Magistrate Judge Kendall J. Newman on 7/23/2012 INFORMING plaintiff of the requirements, as stated in this order and notice, for opposing a motion for summary judgment; within 30 days, plaintiff shall file an opposition, if any, to the 60 motion for summary judgment, defendants' reply, if any, shall be filed within 7 days thereafter. (Yin, K)
September 6, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/05/12 recommending that this action be dismissed without prejudice pursuant to FRCP 41(b). Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 10, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/10/12 vacating 72 FINDINGS AND RECOMMENDATIONS. Defendant's reply is due 7 days from the date of this order. (Plummer, M)
November 27, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/26/2012 RECOMMENDING that defendant's 60 motion for summary judgment be granted, and this action be dismissed. Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
November 12, 2014
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ORDER signed by Judge Kimberly J. Mueller on 11/12/14 VACATING 80 Judgment and MODIFYING the 3/28/13 79 Order as follows: Defendant Whitfield's 60 Motion for Summary Judgment is DENIED. The 11/27/12 77 Findings and Recommendations are not adopted; the 4/20/12 54 Judgment is VACATED; the 3/20/12 51 Order is MODIFIED as follows: Defendant's 37 Motion for Judgment on the Pleadings is DENIED as to Plaintiff's claim that his rights under the Due Process Clause were violated; the 1/25/12 49 Order and Findings and Recommendations are not adopted; Plaintiff may submit a Second Amended Complaint within 45 days. (Manzer, C)
December 16, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/16/2014 GRANTING appellate counsel's 92 motion to withdraw as attorney for plaintiff, and the Clerk shall terminate counsel from the docket; plaintiff is substituted in as proceeding pro se; plaintiff's 91 motion to appoint counsel is DENIED without prejudice; plaintiff is GRANTED 45 days to file a second amended complaint, and the Clerk shall send plaintiff (a) the form for filing a civil rights complaint, (b) a copy of plaintiff's 3/22/2010 amended complaint (ECF No. 9 at 1-8), and (c) a copy of the pages from appellate counsel's opening brief pertinent to plaintiff's Eighth Amendment claims (ECF No. 88 - 1 at 57-63). (Yin, K)
January 8, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/15 ordering plaintiff's second and third amended complaints are dismissed with leave to amend. Plaintiff is granted 30 days from the date of service of this order to file a fourth amended complaint. Defendants' request 99 is granted. Defendants are relieved of their obligation to respond pending further order of court. The clerk of the court is directed to send plaintiff the following portion of his second amended complaint 95 at 1-19, and a copy of plaintiff's third amended complaint 98, both printed without the CM/ECF banner. (Plummer, M)
January 13, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/12/17 ORDERING that plaintiff's request to add evidence (ECF No. 113) is DENIED without prejudice; and plaintiff's motion for the appointment of counsel (ECF No. 114) is DENIED without prejudice.(Dillon, M)
January 13, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/12/17 ORDERING that defendants' request to take judicial notice (ECF No. 115-2) is GRANTED; and it is RECOMMENDED that Defendants' motion to dismiss (ECF No. 115) be granted in part, and denied in part (see order for details); Defendant Whitfield be required to answer plaintiff's claim that defendant Whitfield did not provide plaintiff with an opportunity to be heard within 14 days from any district court order adopting these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.. (Dillon, M)
March 21, 2017
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ORDER adopting in full 119 FINDINGS AND RECOMMENDATIONS, signed by District Judge Kimberly J. Mueller on 3/20/17. Defendants' 115 motion to dismiss is GRANTED in PART, and DENIED in PART. Defendant Whitfield must answer plaintiff's claim that defendant Whitfield did not provide plaintiff with an opportunity to be heard within 14 days. (Kastilahn, A)
July 13, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 DENYING without prejudice 126 Motion to Appoint Counsel. (Henshaw, R)
February 22, 2018
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[VACATED PER 136 AMENDED ORDER and WRIT] ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 2/22/2018 ORDERING the Custodian to produce Robert C. Jimenez at 10:00 a.m. on 5/18/2018 in Courtroom #3 before the Honorable Kimberly J. Mueller. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Henshaw, R) Modified on 3/7/2018 (Henshaw, R).
March 7, 2018
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ORDER APPOINTING COUNSEL signed by District Judge Kimberly J. Mueller on 03/07/18. Attorney Matthew Nicholas Becker APPOINTED pro bono for Robert Christopher Jimenez; appointed counsel shall notify Sujean Park if he has any questions related to the appointment (cc: Park, Becker). (Benson, A.)
March 7, 2018
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/7/2018 ORDERING the Custodian to produce Robert C. Jimenez via video-conferencing at 2:30 p.m. on 5/24/2018 before the Honorable Kimberly J. Mueller and VACATING 132 Order and Writ issued on 2/22/2018. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this amended order and writ on the Custodian. (cc: IT Dept)(Henshaw, R)